The Acting Solicitor General has just filed an amicus brief recommending that Sandoz’s cert petition and Amgen’s cross-petition be granted. The Acting Solicitor General also argues that the decision by the Federal Circuit on the 180-day delay was incorrect. Amgen’s supplemental brief in response will be due December 21. The Court will consider the petition at its private conference on January 6, and a cert grant could be announced as soon as that afternoon. The Acting Solicitor General’s recommendation that the Court grant cert is a very strong indicator that the Court will grant the petition and cross-petition. The case is expected to be briefed in early 2017, argued in April, and decided by the end of June.
More analysis to follow.